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Filing a Mesothelioma Claim before Time Runs Out

On Behalf of | Mar 25, 2015 | Mesothelioma Attorneys


We have mentioned before on our site that filing an asbestos or mesothelioma claim after a diagnosis has been made is better done sooner than later, due to the statute of limitations that vary from state to state. 

Recently, in Pennsylvania, some confusion arose around the amount of time allowed to pass before a wrongful death claim can be filed on behalf of an exposure victim. Elizabeth Wygant claimed that the state had no applicable statute of limitations governing wrongful-death claims involving asbestos since 2013.

The state Superior Court ruled that the statute of limitations for an asbestos-related wrongful death claim begins immediately upon diagnosis of the victim’s conditions. Mrs. Wygant sued for Margaret Kahn’s wrongful death seventeen months after she died from mesothelioma, but was too late, given that Kahn was diagnosed with the disease two and a half years prior.

Speaking with an asbestos or mesothelioma lawyer immediately following diagnosis is a good idea, no matter which state you reside in. While some states allow up to six years for a personal injury or wrongful death claim to be made after diagnosis or death, other states allow only one or two years. An experienced lawyer can help determine what actions need to be taken on the victim’s behalf, and when.

Sources: 1 & 2

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